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Browsing the blog archivesfor the day Sunday, June 4th, 2017.

2014 Bundy Ranch: DeLemus Sentenced to Over 7 Years for Bunkerville

Bundy Battle - Nevada, Bureau of Land Management, Constitution, CORRUPTION, Courts, CRIMINAL, Federal gov & land grabs

Redoubt News.com

May 31, 2017

by Shari Dovale

Gerald DeLemus traveled from his home in Rochester, New Hampshire to Bunkerville, Nevada in April 2014, arriving after the standoff in the wash was over.

The BLM left, Cliven Bundy got his cattle, and DeLemus had to hear about it from others.

He stayed behind for about a month providing security for the Bundy family, in case the BLM agents returned.

He had answered a call for Patriots to help protect people, not a call to incite violence. Yet, he was arrested for his actions and pressured to make a plea agreement in the case.

Pertinent transcript page from DeLemus plea hearing. (courtesy: Deb Jordan)

It has been widely reported on the tactics used by the government to coerce DeLemus into the plea agreement. Citing threats to his family and children, DeLemus agreed to serve 72 months for his participation in the protest.

Several months ago, DeLemus attempted to change his plea and requested to go to trial. He waited months for a response from Judge Gloria Navarro. Her denial of a hearing finally arrived and his sentencing came today.

Because of the attempt to change his plea, Navarro took that to mean he altered the agreement and sentenced him to a longer time in prison.

Navarro sentenced DeLemus to a total of 87 months incarceration. She did not set large fines, stating that she understands he cannot pay them, $100.00 for each of the two charges.

However, she was merciless when she spoke to him. “You have been blinded,” she said, John Lamb tells us, “You never tried to tell Mr. Bundy to just pay up.”

It is also noted that she derided the defendant for spanking his children when they were young. The defense attorney attempted to point out that several of DeLemus’ children, in fact, support their father. “I have no evidence of that,” was her reply.

Lamb tells us that Navarro went so far as to include in his sentencing requirements that he is banned from seeing his grandchildren. This is for the duration of his incarceration and parole.

It does leave this writer to wonder just what the Judge was actually sentencing him for? Was it his plea agreement, his support of the US Constitution, or was it his conservative views on child-rearing?

Navarro was certainly sending a message to the remaining defendants. She showed how she could go above and beyond her scope by using the harshest punishments available to her.

The message is clear: Do Not Disagree With This Government!

https://redoubtnews.com/2017/05/delemus-sentenced-bunkerville/

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Bundy Refuge issue: An Insider’s View on INFORMANTS

Bill of Rights, Bundy Battle - Nevada, Bureau of Land Management, Constitution, CORRUPTION, Courts, CRIMINAL, Federal gov & land grabs

PNP comment: I just found this article and wanted to post it. — Editor Liz Bowen

Redoubt News.com

April 1, 2017

By Terri Linnell

Informant’s agents were reading other reports, some biased, some clear entrapment, which skewed the results of the overall accuracy of the data.

Terri Linnell is known as “Mama Bear” to the Patriot community. She has been an activist since 2008, when her sleeping giant started to awaken. Terri has been to Washington DC three times for redress of grievances, and participated in the Bundy Ranch Standoff in Nevada.

She is known as “Betsy Ross” to the FBI community. She was given that name by the FBI when she agreed to be an informant at the Malheur Wildlife Protest in Burns, Oregon, during January 2016. Linnell later testified for the defense, stating clearly it was just a protest, protected under the first amendment.

Terri’s time as an informant was under 6 months, yet she will give you some insight to the inner workings of the FBI, and their handling of “Confidential Human Sources” and how the government is absolutely watching citizens.

In a Redoubt News exclusive series, Linnell has agreed to go on record recounting her experiences, combining her time protesting with her knowledge of the subtleties of the games being played against the people of our great country.

Informants: A Necessary Evil Or Illegal Act?

By Terri Linnell

After being in the Oregon Standoff Trial it’s been pretty easy to see the role of the 9 informants who were inside the refuge, and the 6 more informants outside the refuge. 15 total informants to tell the FBI what they couldn’t gather with their license plate scanners, aerial surveillance and tape recordings, drone surveillance, and other technology.

But the question is: how useful were these informants in the end? Did they show a non-biased view of what was going on? Did they avoid the pitfalls of agents trained to avoid entrapment? Well, in order to know these answers, we must examine the data.

Mark McConnellBurns Chronicles - Mark McConnell was clearly biased against the protesters. He also led a militia group in his home state, where the group was well-known. This leadership role in Arizona gave him automatic control of protesters who were volunteer security.

Furthermore, it was McConnell who led the organizers to their arrest, and the death of LaVoy Finicum in the most un-routine “routine traffic stop” the FBI has ever claimed to conduct.

Wolf, aka Allen Varner, ran one of the three security teams, as a co-leader with two others. This clearly created entrapment, since he was in the decision making process for the security volunteers who were arrested. The two other co-leaders were also arrested for crimes, yet how much influence did this informant have in decision making? A great deal.

Marshal Smith pretended to be a real US Marshal for ‘Judge Bruce’ who everyone believed to be a real judge, there to insure the protest didn’t break any laws. Impersonating a police officer gave credibility to the protesters that what they were doing was perfectly legal. Over the top? Absolutely. We are supposed to trust police.

Fabio MinoggioBurns Chronicles – Fabio Minoggio aka John Killman showed up for a brief period and had the security do drills and even some target practice down at the boat docks. The prosecuting attorney paraded the spent rounds from the target practice in front of the jury to show how dangerous these protesters were. Entrapment once again.

This is 4/9 informants inside the refuge creating entrapment and undue influence. That’s 44%, 11% each. A pretty big number, but let’s see how it’s really even higher.

I was another informant, and I volunteered as a kitchen cook. Although I did not create entrapment, the agent contacted read these other reports while I was at the refuge. Some of the data in the reports was not my data, but information the agent read in other reports, specific information duplicated from Marshal’s report. This was evidenced while I testified, as I had to deny time and again the prosecutor’s questions about ‘my’ reports since I did not report those facts at all.

This now puts 55% of the reports in jeopardy of either entrapment or poor data gathering techniques. Does anyone really believe the other 45% of the reports were done any better? Or should all the reports be thrown out?

Well, we can go one step further on informant reports. Informants gather their information through hearsay.

Hearsay

A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted.

It is the job of the judge or jury in a court proceeding to determine whether evidence offered as proof is credible. Three evidentiary rules help the judge or jury make this determination:

  1. Before being allowed to testify, a witness generally must swear or affirm that his or her testimony will be truthful.
  2. The witness must be personally present at the trial or proceeding in order to allow the judge or jury to observe the testimony firsthand.
  3. The witness is subject to cross-examination at the option of any party who did not call the witness to testify.

In keeping with the three evidentiary requirements, the Hearsay Rule, as outlined in the Federal Rules of Evidence, prohibits most statements made outside a courtroom from being used as evidence in court.

Hearsay is gathered through informants, placed into evidence as fact, and a defendant cannot face his accuser. Therefore one can easily argue the removal of the informant program as a whole.

Please realize the informants have no legal training or required education, yet their testimony is heavily protected in court. Furthermore, none of the informants knew who the other informants were. None of the informants saw their own reports for final approval for accuracy.

Informant’s agents were reading other reports, some biased, some clear entrapment, which skewed the results of the overall accuracy of the data in a manner well over 50%. This is called good police work? Not in any sense of the word could it be considered ‘good’.

To top it all off, the journalist who researched these ‘sealed’ reports, and exposed the entrapment, Gary Hunt, is now sitting in jail. How dare he get a hold of public hearing evidence and dig for the truth! How dare Gary get a hold of redacted reports, where mass data is blocked out to hide the informant’s identity, in a public… let me repeat, PUBLIC trial, where the redacted reports remained sealed from the public even after the trial!

It’s amazing to me that we even have a Bill of Rights with all this constant hiding of evidence. I say how dare the government even think this is acceptable in America.Terri Linnell is known as “Mama Bear” to the Patriot community. She has been an activist since 2008, when her sleeping giant started to awaken. Terri has been to Washington DC three times for redress of grievances, and participated in the Bundy Ranch Standoff in Nevada.She is known as “Betsy Ross” to the FBI community. She was given that name by the FBI when she agreed to be an informant at the Malheur Wildlife Protest in Burns, Oregon, during January 2016. Linnell later testified for the defense, stating clearly it was just a protest, protected under the first amendment.

An Insider’s View on INFORMANTS – by Terri Linnell

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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YOUR ACTIVITY ON SOCIAL MEDIA CAN AND WILL BE USED AGAINST YOU

Bundy Battle - Nevada, Bureau of Land Management, Constitution, CORRUPTION, Courts, CRIMINAL, Federal gov & land grabs

Redoubt News.com

June 3, 2017

by Loren Edward Pearce

In early April, I had the privilege of visiting Dave Bundy, the brother of Ammon Bundy and son of Cliven Bundy, who have been in prison for 500 days as of June 8, 2017…without a finding of guilty or a conviction by a jury.

A more friendly, kind and congenial person than Dave Bundy is hard to find. Speaking to him through a poor quality computer screen with poor audio, he didn’t want to talk about his legal matters. We talked about family, hobbies, and finally, spiritual things because it was Sunday.

Dave Bundy

Although Dave did not want to talk about legal matters, the subject was heavy on my mind as I looked at the quality of character of Dave Bundy and I came to grips that this was not fiction but fact, that my country was capable of doing something so unjust.

I decided to go back to the original detention hearing for Dave Bundy.  After extensive analysis of the government’s position and comparing it to similar cases, I conclude that the depth and breadth of injustice is truly outrageous. And. something that should have all Americans, deeply troubled.

One of the lessons that has come out of all the Bundy et al trials and hearings, is the fact that activity on social media, and especially Facebook, has been one of the main tools used by the federal team (judge, prosecutors, federal agencies) to bring charges of criminal wrong doing and to justify pretrial detention.

So, that raises the question, when is and when isn’t my activity on social media, including Facebook and YouTube, not protected activity? When can prosecutors use my statements to indict me and then trample on the presumption of innocence and punish me without a conviction by throwing me in prison with all the horrors that prison life entails (sleep deprivation, bad food, bad smells, strip searches, sexual abuse, brutal guards, absence from family, absence from jobs and businesses, etc)

In the 37 page detention hearing document by the federal team asking for pretrial detention of Dave Bundy, the federal team sought to convince their co-worker, the judge, to detain Dave Bundy under the Bail Reform Act. The government stated:

“Most nefariously – and perhaps most relevant to the detention decision here – Bundy and his sons, including D. Bundy, recruited gunmen to come to Nevada to confront the federal officers issuing calls-to-arms over the internet to anyone who would listen to come to Bundy Ranch to confront the officers who were executing the federal court orders to impound the cattle.” (page 8)

The prosecution alleged that Dave broke the law by using the internet to recruit gunmen. However, the federal team failed to prove that such activity actually happened and if it did, was not protected by the 1st amendment.

Throughout the 37 page document by the federal team, is a rambling tirade against the Bundy family and an attempt to imply that Dave was guilty by association. Not until page 16 does the federal team become specific in its accusations against Dave.

Trying to exploit the anger that any citizen would feel following having his face slammed into the ground, when no crime was being committed, the federal team tried to use this internet source against Dave Bundy:

“The following day, D. Bundy was released from custody with citations including one for resisting arrest. He was interviewed about his arrest in a video which was posted to YouTube shortly thereafter where it was widely viewed and shared, stating: . . . l looked at that officer and l told him, l said “”l don’t let anybody tromp my face in the ground.”‘ l says “l would like to meet you in an alley,”` is what l told him_, and l hope the media covers that and he gets that message, cause l’m still looking for him…. There was a woman that kinda seemed to be in charge, at least of what they were doing with me, and her name was . . . and she came into the passenger seat and was asking me questions and l said “Mrs. . . . , l don’t have to answer anything to you,” and she goes to me “l am Officer . . . ,” and l says ““to me you’re nothing . . .”’ (page 18)

Then, the government cited the following post:

On January 4, 2016, D. Bundy posted a lengthy message on his Facebook page, stating: lt is real easy to idly stand by, say all is well ye zion prosper standing idle in carnal security looking tuff speaking bold_. but when there is an opportunity to stand up against the evils and tyranny that is encircling around all of us your types are nowhere to be found but behind the scenes scrutinizing those who have the patriotism, zeal for country, commitment to the constitution and understand the devine responsibility that is ours to defend what we fought for so valiantly in the pre mortal, AGENCY. l fully believe in Edler Oaks’s talk, we must be cautious not to fall into extremism, we must seek the spirits guidance in all we do.`However l also believe in obeying the thousands of other Prophets and Apostles warnings and pleadings to stand for agency, freedom and with the divine U.S. Constitution. l believe that we should be law abiding citizens so far as it is Constitutional as we are directed so in the 98th section of the D_octrine and Covenants. I have personally quest_i__on_ed the recent strategies taken by my brothers However let me make-it very clear that l 100%`-agree and will defend the principles that drive_. their commitment There-” ve’b_een”‘ “ ” aggressious act of blatant tyranny upon many multiple land users in Carney Co. OR. lncluding the Hammond family. Tyranny that has violated there ‘ God given unalienable rights as human beings many of` there state/civil rights including their pre-emptive rights All by a bureaucracy that Constitutionally has absolutely no Authority and Jurisdiction over them or their ranch_. all in an effort to take their ranch, rights to the land and livelihood away. (l also must mention the treason committed by their County Sheriff_. the coward made an oath to protect the life_. liberty and property of those within his county_. his oath is not made to the BLM.) OId man Hammond will most likely die in prison before his release in four years Over the past few years he and his son have been persecuted and lmprisoned for a common practice of burning for weed control and fire protection that has been a practice used by Ranchers for centuries Remember, the l’lammonds are a God fearing, Christian family with grandchildren and a way of life they love and cherish and have been good stewards over the things God has given to them. lt would truly be a tragedy if we the people failed to do something in there behalf. Don’t get hung up 23 Case 2:16-mj-00130-P|\/|W Document 10 Filed 03/08/16 Page 24 of 37 on the media spin that they took over a federal building and have guns First of all who’s building really is it_, second don’t we have the right bear and keep arms? l think our heavenly father is pleased with those who put forth effort to preserve the most divine principle of Agency. lt is evident now what president Benson said in a talk titled “not commanded in all things” he said many and l emphasize many priesthood holders will be led a stray like a bull with a nose ring regarding defending the constitution in the last days l‘m paraphrasing so go look it up and read it for yourselves This is not the time to climb upon your high horse and cast criticism upon your family, rather it is the time to support and pray for their protection and for the Hammond family and the people of Harney County. Go captain Moroni. “ (page 23)

Ironically, the government is using a personal opinion piece by Dave that is actually favorable to him. In this post, Dave analyzes the opinions of church leaders and his own beliefs and acknowledges that he questions the strategies of his brothers. Does that sound like a dangerous person talking? More, importantly does the exceed the boundaries of activity protected by the 1st Amendment?

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Social Media Can And Will Be Used Against You

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

 

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